Wyoming Attorney General Says Federal Monitors Cannot Enter Polling Places

Wyoming Attorney General Keith Kautz issued an opinion stating that federal election monitors lack authority to enter Wyoming polling places under state law. The opinion says county clerks and election judges have both the authority and the obligation to exclude members of the public, including U.S. Department of Justice monitors, from controlled areas inside polling locations. Disturbing a polling place is a criminal misdemeanor in Wyoming.

Kautz's office released the opinion in response to a request from Laramie County Clerk Debra Lee's office. The request followed the arrival of DOJ monitors at polling places on Aug. 18, primary election day. Gov. Mark Gordon called the deployment "aggressive" and raised concerns about breaches of the state's election process. Lee described the monitors as unexpected and disruptive.

Secretary of State Chuck Gray defended the deployment, saying election observation is permitted. Kautz's analysis disagrees, noting Wyoming law permits only narrow instances of observation. State statute allows one poll watcher from each political party, whose role is to observe turnout and registration. The law also requires that voting booths and machines remain clear of everyone except voters marking ballots and election officials performing their duties.

Kautz's opinion cites the 10th Amendment to the U.S. Constitution and the provision reserving to state legislatures the authority to set the times, places and manner of elections. It also notes that the DOJ's cited federal laws, including the Voting Rights Act and the National Voter Registration Act, do not authorize monitoring without a court order, settlement agreement or consent decree, none of which apply in Wyoming. The state is exempt from the National Voter Registration Act.

The DOJ Civil Rights Division told Lee's office Tuesday that monitors will deploy to Laramie County again on Nov. 3. DOJ representatives met virtually with Lee and other county officials Monday, confirmed they received Kautz's opinion, and agreed to comply. Monitors will stay 100 yards from polling places and interview only voters who consent. Lee said her office will brief poll workers and election staff and meet with the Sheriff's office and other security partners. Former Secretary of State's Office staffers told her office they had no recollection of a similar operation in the last 40 years.

Lee said the Aug. 18 monitors found no concerns about her office's compliance with federal election laws.